IN THE HIGH COURT OF KERALA AT ERNAKULAM
WP(C).No. 6930 of 2009(I)
1. SHAJI KUMAR,S/O.GANGADHARAN,
... Petitioner
2. SUNIL KUMAR,
Vs
1. KERALA STATE HOUSING BOARD,
... Respondent
2. REGIONAL ENGINEER,
For Petitioner :SRI.M.HARISHARMA
For Respondent :POOVAPPALLY M.RAMACHANDRAN NAIR,SC.KSHB
The Hon'ble MR. Justice ANTONY DOMINIC
Dated :26/03/2009
O R D E R
ANTONY DOMINIC, J.
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W.P.(C.) No.6930 of 2009
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Dated, this the 26th day of March, 2009
J U D G M E N T
Challenge in the writ petition is against Exts.P4, P5 & P6.
2. The petitioners are tenants of the respondents. By
Exts.P4 & P5, rent payable has been enhanced. According to the
petitioners, the enhancement effected by Exts.P4 & P5 is contrary to
the terms of the lease and it is on that basis it is challenged.
3. The learned standing counsel for the respondents invites
my attention to Exts.P7 & P8. According to him, the petitioners have
already approached the Civil Court and the Civil Court has initially
granted an injunction and the same has since been vacated. The
learned standing counsel also points out that against Exts.P4 & P5,
the petitioners have an alternate remedy of appeal under Section 87
of the Kerala Housing Board Act.
4. Taking into account the submissions so made by the
learned standing counsel for the respondents, the writ petition is
disposed of with the following directions:-
That within four weeks from today, the petitioners shall file an
WP(C) No.6930/2009
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appeal before the Government against Exts.P4 & P5. It is directed
that if such an appeal is filed, the same will be entertained and
disposed of with notice to the petitioners. It is directed that subject
to the filing of the appeal as above, until the disposal of the appeal,
further proceedings pursuant to Exts.P4 & P5 shall be kept in
abeyance.
The writ petition is disposed of as above.
(ANTONY DOMINIC, JUDGE)
jg